Texas House Bill HB801

Texas 2021 - 87th Regular

Caption

Relating to a certification program for assistance animals; authorizing fees; imposing a civil penalty.

Impact

This bill is poised to impact state laws significantly by creating a formalized process for animal certification, which can help mitigate confusion regarding the rights and access of assistance animals. It ensures that only those animals that meet specified criteria can be legally recognized as assistance animals, which can affect housing situations particularly within restrictive communities. The implementation of this program mandates that master planned communities must notify residents about the requirements for having an assistance animal in their common recreational areas, thereby imposing responsibilities on communities to provide clear guidelines.

Summary

House Bill 801 establishes a certification program for assistance animals, specifically designed to streamline the process by which individuals can claim their animals as assistance animals. Under this new legislation, the Texas Medical Board is required to develop standards for training and evaluation that both the animals and their owners must meet in order to qualify for certification. This certification will involve assessing the animal’s obedience, health, and the owner’s need for assistance due to a disability. A significant aspect of this bill is the differentiation it makes between assistance animals and service animals, aligning with federal definitions while implementing additional state-specific regulations.

Contention

Notable points of contention surrounding HB801 include concerns regarding the feasibility of implementing the certification program across various contexts and its potential impact on residents of community housing developments. Critics argue that the regulations could create additional barriers for individuals with disabilities who rely on assistance animals, complicating what should be a straightforward process to secure necessary support. Furthermore, the imposition of civil penalties for violators can be seen as an additional layer of enforcement that some could argue is unnecessary or overly punitive, raising questions about the balance between ensuring legitimate use of assistance animals and accommodating the needs of those with disabilities.